Wellborn v. State
Supreme Court of Alabama
Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. W. J. Wellborn was convicted of selling spirituous, vinous or malt liquors without license and contrary to law, and he appeals. The court properly struck the plea in abatement. • — Noblm v. The State, 100 Ala. 13; Winter v. The State, 90 Ala. 637; Gerrish v. The State, 53 Ala. 476.
1Opinion of the CourtDowdell, J.
The only question presented for our consideration is the action of the trial court in striking, on motion of the solicitor, the defendant’s plea of misnomer. The defendant was indicted by his initials “W. J.,” and it is averred in the indictment that the defendant’s Christian name is unknown to the grand jury, otherwise than as stated in the indictment. The plea set up that the defendant’s true name was “James Wellborn,” and by that name he was known and called, etc. The averment in the indictment that the defendant’s name was unknown to the grand jury, otherwise than as stated, made the…
2Cases cited3 opinions
- Gerrish v. StateSupreme Court of Alabama · 1875
- Winter v. StateSupreme Court of Alabama · 1891
- Noblin v. StateSupreme Court of Alabama · 1893
3Cited by5 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Du Bose v. StateAlabama Court of Appeals · 1924
- Strange v. StateAlabama Court of Appeals · 1912
- Leith v. StateAlabama Court of Appeals · 1924
- Poole v. StateAlabama Court of Appeals · 1941